TLI4801 Final Portfolio EXAM

SECTION A: CIVIL PRACTICE QUESTION 1 a) Discuss the type of summons that will be used to institute Timbersons (Pty) Ltd.’s action. An action can be commenced or instituted by way of the issue and serving of a summons, and its sole purpose is to bring the plaintiff’s claim to the attention of the defendant by informing the defendant of the nature of the plaintiff’s cause of action and the claims made against him or her1. The summons must be served on the defendant by a sheriff in terms of Rule 4 (1) (a) (v) (Uniform Rules) of court. There are three types of summons:  a simple or ordinary summons is a document which contains the basis (the particulars of the claim) for the plaintiff's action in the body of the summons. The simple summons is the High Court equivalent of the ordinary summons in the Magistrate's Court and as a general rule, this type of summons is used where the claim is for a debt or a liquidated demand.2  a combined summons; which has a more detailed and separate document containing the particulars of claim and is annexed to the summons, this type of summons is mainly in divorce matters unless it is appropriate to use simple summons